Cessnock City Council v Quintaz Pty Limited; Cessnock City Council v McCudden [2010] NSWLEC 3

Cessnock City Council v Quintaz Pty Limited; Cessnock City Council v McCudden [2010] NSWLEC 3

Despite the minimal environmental harm and the absence of deliberate defiance, the offences by Quintaz and Mr McCudden were objectively serious because they undermined the regulatory framework of the Protection of the Environment Operations Act 1997. Given the ongoing non-compliance and the need for general deterrence, fines of $112,500 for Quintaz and $21,000 for Mr McCudden were appropriate after applying discounts for pleas of guilty and subjective factors. Both defendants were also ordered to pay the prosecutor's costs.

Jurisdiction
Australia
Judgment Date
11 January 2010
Procedural Posture
Criminal Prosecution / Sentence After Guilty Plea
Outcome
Conviction and monetary penalties imposed on both defendants; orders for payment of prosecutor's costs.
Legal Topics
['clean Up Notice' 'failure to Comply With Regulatory Notice' 'environmental Offence' 'sentencing' 'asbestos Contamination' 'information Gathering by Regulatory Authority']
['environmental Law' 'criminal Law'] ['clean Up Notice' 'failure to Comply With Regulatory Notice' 'environmental Offence' 'sentencing' 'asbestos Contamination' 'information Gathering by Regulatory Authority']

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Procedural Posture

Criminal Prosecution / Sentence After Guilty Plea

Legal Issues

  1. 1 ['What is the appropriate sentence for failure to comply with a clean up notice under s 91(5) of the Protection of the Environment Operations Act 1997?' 'What is the appropriate sentence for failing to provide information as required under s 211(1) of the Protection of the Environment Operations Act 1997?']

Ratio Decidendi

Despite the minimal environmental harm and the absence of deliberate defiance, the offences by Quintaz and Mr McCudden were objectively serious because they undermined the regulatory framework of the Protection of the Environment Operations Act 1997. Given the ongoing non-compliance and the need for general deterrence, fines of $112,500 for Quintaz and $21,000 for Mr McCudden were appropriate after applying discounts for pleas of guilty and subjective factors. Both defendants were also ordered to pay the prosecutor's costs.

Court Disposition

Conviction and monetary penalties imposed on both defendants; orders for payment of prosecutor's costs.

Orders

  • ['Quintaz Pty Limited convicted and fined $112,500.' "Quintaz Pty Limited ordered to pay prosecutor's costs of $45,700." 'Allan Leslie McCudden convicted and fined $21,000.' "Allan Leslie McCudden ordered to pay prosecutor's costs of $26,700." 'Exhibits may be returned.']